Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to permanent hearing loss due to exposure to elevated noise levels: At the establishment - Employees were subject to permanent hearing loss due to exposure to noise levels exceeding the Permissible Exposure limit (PEL) of 90 decibels measured in the A range (8 hr. TWA) and Action Level of 85 decibels measured in the A range (8 hr. TWA) as established by the Occupational Safety and Health Administration (OSHA). 90 decibels measured in the A range is the maximum allowable dose (100) over an 8 hour workday as established by OSHA. In the following instances, employees were exposed to noise exceeding the PEL: a)Breeder Barn #2, Poland, ME (1/26/96) - Cleaning Crew employee performing cleaning (blowdown) of barn for 511 minutes using compressed air was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 98.5 dBA. b)Breeder Barn #2, Poland, ME (1/26/96) - Cleaning Crew employee performing cleaning (blowdown) of barn for 505 minutes using compressed air was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 95.5 dBA. c)Barn #43, (2/22/96) - Wash Crew employee performing cleaning powerwashing of barn using high pressure wash nozzle for 519 minutes was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 94.5 dBA. d)Barn #43, (2/22/96) - Wash Crew employee performing cleaning powerwashing of barn using high pressure wash nozzle for 518 minutes was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 97.0 dBA. e)Barn #80, (2/27/96) - Sanitation Crew employee removing manure via bucket loader from deep pit for 516 minutes of barn was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 92.5 dBA. f)Barn #80, (2/27/96) - Sanitation Crew employee removing manure via bucket loader from deep pit of barn for 520 minutes was exposed to noise. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 96.6 dBA. g)Rendering Plant, (3/14/96) - Plant Operator was exposed to noise during his 358 minute work shift. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 92.4 dBA. Among other methods, some feasible and acceptable methods to reduce or eliminate employee exposure include, but are not necessarily limited to: 1) The use of engineering controls such as: a. reduce air pressure to lower sound levels; b. use of diffuser at air nozzle end to reduce sound levels. 2) Provide and require the use of hearing protectors. 3) The use of administrative controls, such as: a. job rotation, to reduce exposure levels below 90 dBA. b. the development and implementation of an effective hearing conservation program. An effective hearing conservation program includes: - monitoring; - employee notification of noise exposures; - observation of monitoring by employees; - an audiometric testing program; - selection, training, and fitting of hearing protection; - a training program that includes employee access to information and training materials; and - retention of audiometric test records.

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